ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42E Approval required for land dealings by Local Aboriginal Land Councils

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42E

42E Approval required for land dealings by Local Aboriginal Land Councils

(1) A Local Aboriginal Land Council must not deal with land vested in it except in accordance with an approval of the New South Wales Aboriginal Land Council under section 42G.

(2) However, the approval of the New South Wales Aboriginal Land Council is not required for the following land dealings by a Local Aboriginal Land Council--

(a) a land dealing in relation to a lease for a period of less than 3 years (including any option to renew the lease) or a short-term residential tenancy agreement, other than a social housing management lease,

(b) a land dealing prescribed by the regulations for the purposes of this section.

(4) An agreement to deal with land vested in a Local Aboriginal Land Council that is made by the Council is, if the land dealing is not approved by the New South Wales Aboriginal Land Council and an approval is required, unenforceable against the Local Aboriginal Land Council.

(5) A person is not entitled to damages, or any other remedy, against a Local Aboriginal Land Council in respect of a warranty or other promise relating to an unenforceable agreement referred to in subsection (4).

(6) In this section--


"social housing management lease" means a lease (other than a residential tenancy agreement) entered into by a Local Aboriginal Land Council in relation to the provision or management of a community benefits scheme for residential accommodation for Aboriginal persons in its area.

(7) This section has effect despite any other Act or law.

Note : Approval of a land dealing by a Local Aboriginal Land Council must be by resolution of the voting members (see section 52G(e)).